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UNANIMOUS! Supreme Court Rules Obama’s ‘Recess’ Appointments UNCONSTITUTIONAL
TPN ^ | 6/26/2014 | Matthew Burke

Posted on 06/26/2014 9:25:49 AM PDT by Marie

Two and one-half years ago in 2012, Obama tried to slip-in appointments to the National Labor Relations Board without the constitutionally required Senate approval, claiming he had the right to do so because the Senate was in recess. There’s only one problem.

The Senate was not in formal recess when Obama made the dictatorial appointments.

Now the Supreme Court of the United States has ruled in a unanimous 9-0 decision that Obama doesn’t get to define when the U.S. Senate is in recess, the Senate does.

This is the first time in U.S. history that the Constitution’s recess appointment clause has been challenged, as no former president has attempted to usurp powers as wannabe dictator, Barack Obama.

The respondent in the case was Noel Canning, a Pepsi-Cola distributor, who claimed that the NLRB lacked a quorum because three of the five Board members had been invalidly appointed by Obama. Canning was being forced by the NLRB into entering a collective bargaining agreement with a labor union.


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: bho44; bhoscotus; impeach; lawsuit; nlrb; ruling; scotus; unions
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There's a lot of good stuff out there today! 9-0! He broke the law.
1 posted on 06/26/2014 9:25:50 AM PDT by Marie
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To: Marie

Reid’s response was predictable. Go nuclear for all appointments....

http://www.freerepublic.com/focus/f-news/3172625/posts


2 posted on 06/26/2014 9:27:56 AM PDT by Principled (Obama: Unblemished by success.)
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To: Marie

The Hero of Benghazi seems to be having some difficulty.


3 posted on 06/26/2014 9:28:33 AM PDT by morphing libertarian ( On to impeachment and removal (IRS, Taliban, Fast and furious, VA, Benghazi)!!!)
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To: Marie

Better put some ice on that Odungo.


4 posted on 06/26/2014 9:28:36 AM PDT by blackdog (There is no such thing as healing, only a balance between destructive and constructive forces.)
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To: Marie

Expect the Dems to somehow create extended recesses under the next GOP Prez.


5 posted on 06/26/2014 9:29:11 AM PDT by Citizen Zed ("Freedom costs a buck o five" - Gary Johnston, TAWP)
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To: Marie
WOO HOOOO .... and it's only THURSDAY^ !

PLENTY of time to get THIS out .... UNSPUN.

6 posted on 06/26/2014 9:32:16 AM PDT by knarf (brooklyn bridge)
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To: Marie

So when does his trial start? Or is the constitution not supposed to protect us from tyrants?


7 posted on 06/26/2014 9:32:23 AM PDT by thorvaldr
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To: Principled

That man is such a jerk.


8 posted on 06/26/2014 9:32:23 AM PDT by Marie (When are they going to take back Obama's peace prize?)
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To: Marie
He broke the law. Give him a fair trial and a fair sentence to be served in a federal prison.
9 posted on 06/26/2014 9:33:43 AM PDT by Gabrial (The nightmare will continue as long as the nightmare is in the Whitehouse.)
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To: Citizen Zed
-- Expect the Dems to somehow create extended recesses under the next GOP Prez. --

I think you mean the reverse of that, absence of a recess results in absence of power to recess appoint.

The DEMs started the practice of phony Congressional session, so the books look as though Congress is in session (not in recess) when it is actually not in session. They'd keep two people in DC, one to sit in the high chair, and one to open and close the session. I think the average time of being in session was about 30 seconds.

SCOTUS punted this too. The president and Congress have been allowing unconstitutional recess appointments for over a hundred years. SCOTUS says, well, if it's been going on that long, "poof," it's constitutional.

10 posted on 06/26/2014 9:33:52 AM PDT by Cboldt
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To: Marie

Does this mean those he illegally “appointed” will be removed? I can’t wait to see that not happen.


11 posted on 06/26/2014 9:34:00 AM PDT by ryan71 (The Partisans)
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To: thorvaldr

We have *got* to take everything this election. Unless we get back the Senate, they’ll never impeach.

On the other hand... Uncle Joe...

ug.


12 posted on 06/26/2014 9:34:03 AM PDT by Marie (When are they going to take back Obama's peace prize?)
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To: Marie

9-0 on ANYTHING is pretty astonishing!


13 posted on 06/26/2014 9:34:04 AM PDT by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: Marie

If he chooses wrong on something that gets ruled 9-0, then we cannot trust his judgment on what a “smidgen” of corruption is.


14 posted on 06/26/2014 9:36:08 AM PDT by Dr. Sivana ("If you're litigating against nuns, you've probably done something wrong."-Ted Cruz)
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To: Marie

Obama could take a cue from President Lincoln or President Jackson and just IGNORE the US Supreme Court ... :-) ...


15 posted on 06/26/2014 9:37:19 AM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Marie

Something tells me even the libs on the court are starting to fear a dictatorship and the inevitable response from the People.


16 posted on 06/26/2014 9:37:33 AM PDT by precisionshootist
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To: Marie

I think it takes 2/3 of the senate to remove the hero of Benghazi.

But the majority would be nice if just to tell Reid to sit down.


17 posted on 06/26/2014 9:38:01 AM PDT by morphing libertarian ( On to impeachment and removal (IRS, Taliban, Fast and furious, VA, Benghazi)!!!)
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To: precisionshootist

They’re contemplating what might happen with this power if a republican is elected president in a few years.


18 posted on 06/26/2014 9:38:46 AM PDT by kjam22 (my music video "If My People" at https://www.youtube.com/watch?v=74b20RjILy4)
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To: ryan71

I would assume that they all have to go.See if the republicans force the issue or not,may be Boner will want to cry about it first.


19 posted on 06/26/2014 9:41:08 AM PDT by Farmer Dean (stop worrying about what they want to do to you,start thinking about what you want to do to them)
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To: Marie; Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; GregNH; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

20 posted on 06/26/2014 9:42:56 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: Marie

Well, there was no law to break. )Prosecutor here). That is a term of art for committing a crime. In fact, every single POTUS who did it before was just as “guilty”.

Good ruling by POTUS as each Branch should be able to decide what it “does”. The future problem here is that SCOTUS will likely take the same position on Executive Orders.

But, good decision though meaningless since filibusters don’t apply to appointments. This was an archaic Constitutional Rule from when Congress only met a few months out of the year.


21 posted on 06/26/2014 9:45:30 AM PDT by RIghtwardHo
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To: BuckeyeTexan

More ammo for Boehner’s lawsuit


22 posted on 06/26/2014 9:46:52 AM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
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To: ryan71

No. And again, “illegal” means crime. This was not a crime or every POTUS still alive could be prosecuted.

In fact, since there is no filibuster, he could simply re-appoint them. All this does is permit each Party to gum up the works in the future if they want to by holding pro-forma sessions. But, as I said above, with no filibuster this ruling is meaningless.


23 posted on 06/26/2014 9:46:56 AM PDT by RIghtwardHo
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To: kjam22
Republican presidents tend to play by the rules so I don't think that's the concern.

I think they are watching the news like everyone else and fear they may be losing the consent of the governed. This IRS scandal is a huge problem for the commies as they could always count on support from politically dumbed down youth. However, even young skulls full of mush know emails don't disappear from hard drive crashes. Even the liberal deceived youth now KNOW they are being lied to.

24 posted on 06/26/2014 9:47:04 AM PDT by precisionshootist
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To: ryan71
"Does this mean those he illegally “appointed” will be removed? I can’t wait to see that not happen."

Nope. Becasue after winning this in court at the lower levels the GOPe caved in and agreed to approve all of these appointments. They are now sitting in their chairs pushing the socialist union agenda and will for the foreseeable future. The only issue is whether the NLRB's acts before congress went ahead a approved them are valid.

25 posted on 06/26/2014 9:52:01 AM PDT by circlecity
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To: Marie

Oooooh! So, who would actually do anything about it?


26 posted on 06/26/2014 9:52:56 AM PDT by freeangel ( (free speech is only good until someone else doesn't like it)
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To: Marie

And now surely the White House will comply with the law. Mr Holder will ensure it.


27 posted on 06/26/2014 9:55:23 AM PDT by lurk
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To: Marie

And just exactly what does this little piece of paper mean? Oh I know what folks want it to mean but I look at the facts as they are. The court issues a ruling....are those people gone from the NLRB? NO! In fact they still sit there making decisions. And what of the decisions that have already been made? Are they still in effect? YES! And until they are successfully challenged in court they remain in effect. And by the time the case gets to SCOTUS who knows how it will be decided. So tell me now exactly what is the good news? What has changed?

NOTHING!


28 posted on 06/26/2014 9:56:57 AM PDT by Nifster
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To: precisionshootist
The USSC did not even exhibit a “Smidgen” of dissent?
29 posted on 06/26/2014 9:57:48 AM PDT by blackdog (There is no such thing as healing, only a balance between destructive and constructive forces.)
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To: Marie

Obviously, the Justices need to take a refresher course in Constitutional law taught by the great constitutional scholar, Barak Obama. (/sarcasm) Wasn’t that the line of hooey that we were being feed back in 2008? I think that some graduates of the University of Chicago Law School should be given tuition refunds.


30 posted on 06/26/2014 9:59:35 AM PDT by CommerceComet (Ignore the GOP-e. Cruz to victory in 2016.)
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To: Marie

9 people to audit by the IRS.


31 posted on 06/26/2014 9:59:50 AM PDT by depressed in 06 (America conceived in liberty, dies in slavery.)
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To: Marie

*APPLAUSE*

Takes his pen away, ONCE AND FOR ALL!

9-0! AMAZING!


32 posted on 06/26/2014 10:00:10 AM PDT by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set...)
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To: lurk
Things are going to get ugly for dems. Holder is going to have to destroy a few in a very public display in order to appear that he's actually the Attorney General.

It will still just be all theater, but bloody.

33 posted on 06/26/2014 10:00:13 AM PDT by blackdog (There is no such thing as healing, only a balance between destructive and constructive forces.)
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To: Marie

All 0bama has to do is write an executive order disbanding the SCOTUS ...


34 posted on 06/26/2014 10:01:10 AM PDT by SkyDancer (If you don't read the newspapers you are uninformed. If you do read newspapers you are misinformed)
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To: blackdog

The majority opinion was actually kinda bad.

5 AJs + CJ ruled that “longstanding arrangements between the political branches” and/or “the ballot box” were valid ways to determine constitutionality.

Scalia, in his concurrence, called this “the adverse possession theory of constitutionality”.

The literal text of the constitution could only carry 3 votes.


35 posted on 06/26/2014 10:04:06 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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To: Marie

does that mean that those appointments are null and void, and the decisions made by those people are vacated?


36 posted on 06/26/2014 10:05:29 AM PDT by camle (keep an open mind and someone will fill it full of something for you)
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To: Marie

Harry Reid and his gang will cover for him nothing is going to happen!


37 posted on 06/26/2014 10:06:33 AM PDT by jrd (All federal acts,laws,orders,rules regulations regarding firearms, infringe the 2 amendment)
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To: Marie

Since his recess appointment were unlawful, I hope this means that anyone holding office who was appointed in this manner, is now automatically unemployed.


38 posted on 06/26/2014 10:09:04 AM PDT by BuffaloJack (Unarmed people cannot defend themselves. America is no longer a Free Country.)
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To: Marie

Are you trying to tell us that a guy who couldn’t advance his success in the law anymore than becoming a lecturer in
Constitutional law, violated it?


39 posted on 06/26/2014 10:11:08 AM PDT by righttackle44 (Take scalps. Leave the bodies as a warning.)
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To: Marie

WOW! An honest decision by all 9 judges!


40 posted on 06/26/2014 10:11:51 AM PDT by PATRIOT1876
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To: Gabrial

*He broke the law. Give him a fair trial and a fair sentence to be served in a federal prison. *

Orange overalls in his future?


41 posted on 06/26/2014 10:13:14 AM PDT by PATRIOT1876
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To: Gabrial
He broke the law. Give him a fair trial and a fair sentence to be served in a federal prison.

The trial as to whether the president broke the law or not has concluded 9-0 he is GUILTY of a high crime, not a misdemeanor.

Impeachment should be an automatic process at this point.

42 posted on 06/26/2014 10:14:23 AM PDT by USCG SimTech (Honored to serve since '71)
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To: Marie

This marks the twelfth time since January 2012 that the Supreme Court has unanimously rejected the Obama Administration’s calls for greater federal executive power.


43 posted on 06/26/2014 10:14:36 AM PDT by TheMom (Stressed spelled backwards is Desserts!)
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To: Marie
There's a lot of good stuff out there today! 9-0! He broke the law.

Great! When do they perp-walk his hiness and corrupt band of thugs out of our whitehouse?

44 posted on 06/26/2014 10:14:59 AM PDT by infool7 (The ugly truth is just a big lie.)
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To: bigbob
9-0 on ANYTHING is pretty astonishing!

The decision was 9-0 that these particular appointments were invalid, but the grounds of the decision were WAY narrower than the lower court.

The D.C. Circuit had held that the recess appointment power can only be used during the recess between one Congress and another (not during recesses in the middle of one Congress), and only if the vacancy happens during that recess. That decision would have, in effect, ended the recess appointment power entirely. (It also meant that all of the recess appointments made during the past 100 years were unconstitutional.)

Today's decision just says that the President can't make a recess appointment at a time when the Senate says it's in session. It strikes down these appointments, but leaves Obama and future presidents much more room for making recess appointments than the lower court would have.

45 posted on 06/26/2014 10:16:41 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Marie

You do know that Obama will just double down on stupid now


46 posted on 06/26/2014 11:01:58 AM PDT by molson209 (Blank)
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To: Marie

how can this be, wasn’t Obama a teacher of the Constitution at the college level?


47 posted on 06/26/2014 11:18:59 AM PDT by fish hawk (no tyrant can remain in power without the consent and cooperation of his victims.)
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To: Gabrial
He broke the law. Give him a fair trial and a fair sentence to be served in a federal prison.

That the Supreme Court found some governmental action to be unconstitutional is not the same thing as saying that someone is guilty of a crime. Or do you think that every member of Congress who voted for the Defense of Marriage Act belongs in prison?

48 posted on 06/26/2014 11:29:08 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Diana in Wisconsin

Many people think that WWII got us out of the Depression. Others point to Supreme Court rulings against some of FDR’s New Deal policies and a Republican Congress before we got involved in the war to be key. Everything else obama has done has been eerily similar to FDR (see the long article in my tagline). Hopefully the end will be similar as well, with this ruling as a start.


49 posted on 06/26/2014 11:36:05 AM PDT by 21twelve (http://www.freerepublic.com/focus/f-news/2185147/posts 2013 is 1933 REBORN)
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To: Marie
"UNANIMOUS! Supreme Court Rules Obama’s ‘Recess’ Appointments UNCONSTITUTIONAL."

.... So ... When did Obama ever care if he adheres to the Constitution. And what happens next ....do the appointees stay?

50 posted on 06/26/2014 11:53:26 AM PDT by R_Kangel ( "A Nation of Sheep ..... Will Beget ..... a Nation Ruled by Wolves.")
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